Terms & Conditions of ISTAC promotion GmbH
All orders are accepted and led out due to the following conditions. These conditions are valid without repeated notification for future deliveries and services. By purchase orders the customer recognize this delivery explicitly. All agreements, in particular oral agreements with officers of the house and telephone orders require written confirmation.
Our offers are non-binding. An order is binding for us only after written confirmation. Arrangements by phone, fax and e-mail or through our representatives require written confirmation, so that they become effective
3. Product Liability:
All claims for damages against us are excluded, without regard for whatever legal reason they are derived, especially in accordance with the provisions of the Product Liability Act for personal injury, property damage and financial losses, which are caused by a defect in the goods, which especially claims compensation for consequential damages, such as loss of production or loss of profit and the like are entirely excluded unless we are guilty of intent or gross negligence. For those parts of the goods that we have obtained from sub-suppliers, we are liable only to the extent that we have against our subcontractors warranty or compensation claims. All damages and any recourse against us must be asserted in a court case within six months. The supplier (ISTAC promotion GmbH) makes a guarantee regarding the suitability of the purchased item only to the effect that this can be used in accordance with the rules and regulations of the producer or supplier. The buyer has to take care that the purchased item will be used as intended and solely in accordance with the supplied instructions. In the event of breach of this obligation the buyer shall have no claims against the supplier.
Deliveries are made at the expense and risk of the customers. Arranged delivery periods apply from the date of the written order confirmation, which may be sent by post, fax or email. Claims for damages because of late delivery or because of withdrawal from the contract are excluded in any case. Operation by force majeure on their own farms or in the manufacturing plant releases us from complying with agreed delivery dates, as well as disturbances on the entire transport, particularly from the manufacturing plant to our operation. Already rendered partial services shall be accepted by the purchaser and paid for. Part consignments and partial invoices are permitted, partial shipments are to be paid for to the purchaser by the established payment terms. Only if an agreed delivery date by more than 6 weeks has been exceeded, the purchaser can withdraw from the contract, granting a 5-week grace period. If the buyer fails to take delivery, we are entitled, after setting a two-week deadline to withdraw from the contract and claim damages for non-compliance. We are entitled to demand, without proof of damage, 30% of the agreed contract sum or compensation for incidental damage. Insurance and packaging will be charged at cost price.
Delivery takes place at the factory. For technical reasons, we reserve the right to increase or decrease up to 10% of the order amount for orders with personalization or custom finishing. We also reserved the right to make minor variations in size, color and material.
All prices are in EURO (€) exclusive of VAT at the time of order fulfilment. We reserve the right to change our prices.
Terms of payment are made to the Agreement and is printed on the contract documents. If no payment conditions agreed separately, then "payment applies after 20 days net without any deductions. For overdue late payment interest will be charged at least in the amount of 4.5% above the current discount rate of the ECB. The purchaser is not entitled to withhold payments due to warranty claims or other counterclaims not recognized by us, and not offset against our claims. As far as the Purchaser should in the case of delivery is entitled to withhold regarding our fee, this is limited to the amount of the actuarial reserve of reasonable improvement costs. If, after acceptance of the order founded doubts as to the solvency or credit worthiness of the customer, we are entitled to demand either immediate payment in cash or securities before delivery or to cancel the contract and demand compensation, at least in the level of already made effort by the purchaser.
Complaints can be asserted case of other loss claim within 2 business days of receipt of goods. Damaged shipments must be immediately cause damage assessment by the delivery person (delivery, freight forwarder, railway, post office), otherwise a settlement of claims will be rejected. For orders with personalization or custom finishing the advertising text or the refinement is part of the order confirmation. Counter-text error, the client must immediately raise an objection after receipt of the confirmation. The responsibility for not timely complaining text error is transferred to the client. Subsequent complaints will not be accepted. At our option, warranty claims can be met by improving or delivering a defect-free product, but also by granting a reasonable price reduction, especially when a fix would not be possible or only with disproportionate costs. If the delivered goods are modified by the customer, improperly handled or processed, any warranty obligation on our part. For costs of corrective action made ??by the customer himself, we come to only if we have given written consent. As promised, only those properties that have been promised explicitly and in writing by us are. For special orders or at special exact information is required, since we can not perform a subsequent exchange or return of goods. Range changes, we must reserve. Trade and / or production technical deviations as in quality, size, design, equipment and material do not justify a complaint, such as color and dimensional variations or the like. Over-or under-deliveries for special orders or orders with imprint or custom finishing up to ten percent are always permitted. The warranty period is six months. The burden of proof that a to be represented by any defect already existed at delivery, rests solely with the purchaser. An extension of the warranty period because of a corrective action does not take place.
The return of goods can take place only with our express consent. For the return shipment by freight carrier is necessarily a transfer order on our part is required, otherwise the cost will be charged to the buyer. When not agreed returns we reserve the right to refuse to accept explicitly, this also applies for no longer as good as new or already labeled goods. Returns that have not been caused by the company ISTAC promotion GmbH are basically free to send to our warehouse, resulting freight costs can not be credited.
10. Patents and Rights
It is expressly agreed that we should make products according to drawings or we original samples of the customer, for no rights, in particular rights of third parties are liable. The purchaser assumes the obligation, if you still third party rights should be asserted to hold us harmless and indemnify and to pay us any ensuing damage fully.
11. Title Retention:
The delivered goods remain until the date of full payment of the purchase price and all bills the property of ISTAC promotion GmbH. If the purchaser to us in default or violates one of the disputes arising from the retention of title obligations, the entire outstanding claim becomes due immediately. We are entitled to demand the surrender of our property and collect these things, in which the purchaser to claims that any retention, from whatever reason, omitted. The costs of the return, which is not a withdrawal from the contract, the buyer has to bear.
Place of fulfilment and exclusive place of jurisdiction for deliveries and payments for both contractual partners is Linz. The contract is exclusively under Austrian law (excluding UN Sales Conventions).
13. IT Data:
Storing of IT data is necessary for order processing and accounting information, such as name, address, contract and accounting information of the customer. This information is stored in our computer system. The stored data is only used by us for use in the context of the legal provisions.
14. Final Provisions:
Should one or more provisions of the above conditions be invalid, the validity of the contract itself is not affected. Any ineffective provisions shall be replaced by new regulations that have the same economic success.